S855: An Act Relative To
Shared Parenting

Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:

SECTION 1. Section 31 of Chapter 208 of the General Laws,
as appearing in the 2002 Official Edition, is hereby amended by striking out the
sixth paragraph, beginning in line 10, through the eighth paragraph, ending in
line 41, and inserting in place thereof the following two new paragraphs:—

In making an order or judgment relative to the custody of
children, the rights of the parents shall, in the absence of misconduct that is
harmful to the child, be held to be equal.

Upon the filing of an action in accordance with the
provisions of this section, section twenty-eight of this chapter, or section
thirty-two of chapter two hundred and nine and until a judgment on the merits is
rendered, the parents shall have temporary
shared legal custody and temporary shared physical custody of any minor child of
the marriage; provided, however, that the judge may enter an order for temporary
sole legal and/or physical custody for one parent if, following an evidentiary
hearing, the court finds with clear and convincing evidence that such shared
custody would seriously harm the child and written findings are made
accordingly.

SECTION 2. Section 31 of chapter 208 is further amended by
striking out the tenth paragraph beginning in line 47 in its entirety and
inserting in place thereof the following paragraph:—

At the time of the trial on the merits, there shall be a
rebuttable presumption in favor of shared legal and physical custody.